1. The Parties hereby establish a Committee on Procurement comprising representatives of each Party.
2. The Committee shall:
(a) evaluate the implementation of this Chapter and recommend to the Parties the appropriate activities;
(b) evaluate and follow up the activities related to cooperation; and
(c) consider further negotiations aimed at broadening the coverage of this Chapter.
Article 16.20. Definitions
For purposes of this Chapter:
commercial goods or services means goods or services of a type generally sold or offered for sale in the commercial marketplace to, and customarily purchased by, non-governmental buyers for non-governmental purposes;
conditions for participation means any registration, qualification, or other pre-requisites for participation in a procurement;
electronic auction means an iterative process that involves the use of electronic means for the presentation by suppliers of either new prices, or new values for quantifiable non-price elements of the tender related to the evaluation criteria, or both, resulting in a ranking or re-ranking of tenders.
in writing or written means any worded or numbered expression that can be read, reproduced, and later communicated. It may include electronically transmitted and stored information;
limited tendering means a procurement method where the procuring entity contacts a supplier or suppliers of its choice;
measure means any law, regulation, procedure, requirement, or practice;
notice of intended procurement means a notice published by a procuring entity inviting suppliers to submit a request for participation, a tender, or both;
offsets means any condition or undertaking that encourages local development or improves a Party's balance-of-payments accounts, such as the use of domestic content, the licensing of technology, investment, counter-trade, and similar actions or requirements;
open tendering means a procurement method where all interested suppliers may submit a tender. The Parties understand that open tendering includes modalities such as framework agreements and reverse auction in accordance with their respective legislations;
procurement means the process by which a government obtains the use of or acquires goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale or with a view to use in the production or supply of goods or services for commercial sale or resale;
procuring entity means an entity covered under Annex 16A;
selective tendering means a procurement method where only the suppliers satisfying the conditions for participation are invited by the procuring entity to submit a tender;
services includes construction services, unless otherwise specified;
standard means a document approved by a recognized body that provides for common and repeated use, rules, guidelines, or characteristics for goods or services, or related processes and production methods, with which compliance is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking, or labeling requirements as they apply to a good, service, process, or production method;
supplier means a person or group of persons that provides or could provide goods or services to a procuring entity; and
technical specification means a tendering requirement that:
(a) lays down the characteristics of goods or services to be procured, including quality, performance, safety, and dimensions, or the processes and methods for their production or provision; or
(b) addresses terminology, symbols, packaging, marking, or labeling requirements, as they apply to a good or service.
Chapter SEVENTEEN. Intellectual Property Rights
Article 17.1. Objectives
The objectives of this Chapter are to:
(a) increase the benefits from trade and investment;
(b) foster creations and innovations in their respective territories;
(c) enhance production and commercialization of innovative and creative products; and
(d) facilitate and promote technology transfer between the Parties, through the recognition of intellectual property rights and cooperation.
Article 17.2. Affirmation of International Agreements
1. The Parties affirm the rights and obligations under the TRIPS Agreement, as well as under any other multilateral agreement related to intellectual property, including the agreements administered by the World Intellectual Property Organization (hereinafter referred to as "WIPO"), that are in force between the Parties. 2. Nothing in this Chapter shall prejudice the rights and obligations under multilateral agreements referred to in paragraph 1.
Article 17.3. More Extensive Protection
The Parties may provide more extensive protection for and enforcement of intellectual property rights under their respective laws than this Chapter requires, provided that the more extensive protection does not contravene this Chapter.
Article 17.4. General Principles
1. The Parties shall grant and ensure adequate, effective, and non-discriminatory protection of intellectual property rights, and provide for measures for the enforcement of such rights.
2. The Parties recognize that technology transfer contributes to strengthening their capabilities with a view to establishing a sound and viable technological base.
3. The Parties shall accord to the nationals of the other Party treatment no less favorable than that it accords to its own nationals regarding the protection (1) of intellectual property, subject to the exceptions provided in Articles 3 and 5 of the TRIPS Agreement.
4. The Parties recognize the principles established in the Declaration on the TRIPS Agreement and Public Health (WT/MIN(01)/DEC/2) (hereinafter referred to as the "Declaration"), adopted on November 14, 2001 by the WTO Ministerial Conference, and the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (WT/L/540) (hereinafter referred to as the "Decision"), adopted on August 30, 2003 by the WTO General Council. Likewise, the Parties recognize the importance to promote the implementation and full use of Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property (WHA61.21), adopted on May 24, 2008 by the 61st World Health Assembly.
5. In accordance with Article 8.1 of the TRIPS Agreement, the Parties may use, in formulating or amending their laws and regulations, the exceptions and flexibilities allowed by multilateral agreements related to the protection of intellectual property, and in particular, adopt measures necessary to protect public health and nutrition, taking into consideration the TRIPS Agreement and the principles established in the Declaration and the Decision.
6. Nothing in this Chapter shall hinder a Party from adopting the necessary measures to prevent the abuse of the intellectual property rights by its holders or the resort to practices that unreasonably restrain trade or international transfer of technology.
Article 17.5. Genetic Resources and Traditional Knowledge
1. The Parties acknowledge paragraph 19 of the Ministerial Declaration (WT/MIN/(01)DEC/1), adopted on November 14, 2001 by the WTO Ministerial Conference, on the relationship between the TRIPS Agreement and the CBD and the protection of genetic resources, traditional knowledge, and folklore.
2. The Parties recognize the value and importance of biological diversity, traditional knowledge as well as the contribution of knowledge, innovations, and practices of indigenous and local communities to the conservation and sustainable use of biological diversity. Each Party shall have the authority to determine access to genetic resources in accordance with its domestic legislation and endeavor to create conditions to facilitate transparent access to genetic resources for environmentally sound uses.
3. Subject to their domestic legislations and the CBD, the Parties respect knowledge, innovations, and practices of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity and promote their wider application with the involvement and approval of the holders of such knowledge, innovations, and practices.
4. Each Party shall endeavor to seek ways to share information on patent applications based on genetic resources or traditional knowledge by providing:
(a) publicly accessible database that contains relevant information; and
(b) opportunities to file prior art to the appropriate examining authority in writing.
5. The Parties agree to share views and information on discussions in the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore, the WTO TRIPS Council, and any other relevant fora in addressing matters related to genetic resources and traditional knowledge. 6. Subject to future developments of multilateral agreements or their respective domestic legislations, the Parties agree to further discuss relevant issues on genetic resources.
Article 17.6. Recognition and Protection of Geographical Indications
1. Recognizing the importance of the protection of geographical indications, each Party shall provide a system for the protection of geographical indications in accordance with Section 3 of Part II of the TRIPS Agreement and protect the geographical indications of the other Party in accordance with its domestic legislation. This Article shall not prejudice the rights and obligations under free trade agreements that each Party previously concluded with a non-Party.
2. The names listed in Section A of Annex 17A are geographical indications in Peru within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to Korea's domestic laws and regulations, in a manner that is consistent with the TRIPS Agreement, such names will be protected as geographical indications in the territory of Korea.
3. The names listed in Section B of Annex 17A are geographical indications in Korea within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to Peru's domestic laws and regulations, in a manner that is consistent with the TRIPS Agreement, such names will be protected as geographical indications in the territory of Peru.
4. The Parties shall enter into consultations to protect additional geographical indications, upon request of a Party, after the entry into force of this Agreement. Subject to the result of these consultations and by mutual consent, the Parties shall protect, in accordance with this Chapter, such geographical indications.
Article 17.7. Copyright and Related Rights
1. The Parties shall protect authors of literary or artistic works, the performers, phonogram producers, and broadcasting organizations regarding their works, performances, phonograms, or broadcasts in the most effective way.
Term of protection
2. Each Party shall provide that, where the term of protection of a work (including a photographic work), performance, or phonogram is to be calculated:
(a) on the basis of the life of a natural person, the term shall be not less than the life of the author and 70 years after the author's death; and
(b) on a basis other than the life of a natural person, the term shall be:
(i) not less than 70 years from the end of the calendar year of the first authorized publication of the work, performance, or phonogram; or
(ii) failing such authorized publication within 50 years from the creation of the work, performance, or phonogram, not less than 70 years from the end of the calendar year of the creation of the work, performance, or phonogram.
3. Korea shall fully implement the obligations under paragraph 2 within two years after the date of entry into force of this Agreement.
The rights of broadcasting organizations
4. The rights of broadcasting organizations shall expire not less than 50 years after the transmission of a broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or satellite.
5. Neither Party may permit the retransmission (2) of television signals (whether terrestrial, cable, or satellite) on the Internet without the authorization of the right holder or right holders, if any, of the content of the signal and of the signal.
6. Each Party shall provide for broadcasting organizations the exclusive right to authorize or prohibit: (a) the re-broadcasting of their broadcasts;
(b) the fixation of their broadcasts; and
(c) the reproduction of fixations, made without their consent, of their broadcasts.
7. The Parties may provide in their domestic laws limitations or exceptions to rights of broadcasting organizations in accordance with the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, adopted at Rome on October 26, 1961 (hereinafter referred to as the "Rome Convention").
8. The Parties shall affirm the existing rights and obligations under the Berne Convention for the Protection of Literary and Artistic Works (1971), the Rome Convention, the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty.
9. The Parties will endeavor to promote the activities of collective management associations of copyrights and related rights for the effective distribution of royalties, so that they may be fair and proportional to the use of the works, performances, phonograms, or broadcasts of the right holders of the Parties, in a transparent and good business practices frame, in accordance with their domestic legislation.
Article 17.8. Enforcement
1. The Parties shall establish provisions for the enforcement of intellectual property rights in their domestic laws in accordance with the TRIPS Agreement, in particular Articles 41 through 61.
2. The Parties shall cooperate with a view to eliminating trade in goods infringing intellectual property rights subject to their respective laws, regulations, or policies. Such cooperation may include:
(a) exchange of information on the infringement of intellectual property rights between their respective responsible agencies;
(b) policy dialogue on initiatives for the enforcement of intellectual property rights;
(c) initiatives to control piracy including supervision of provision of equipment and material to organizations involved in piracy activities; and
(d) other activities and initiatives for the enforcement of intellectual property rights as may be determined by the Parties. The Parties will designate contact points responsible for the implementation of this Article.
Article 17.9. Special Requirements Related to Border Measures
1. Each Party shall provide that any right holder initiating procedures for suspension by customs authorities of the release of suspected counterfeit or confusingly similar trademark or pirated copyright goods3 into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the laws of the importing Party, there is prima facie an infringement of the right holder's intellectual property right and to supply sufficient information that may be reasonably expected to be within the right holder's knowledge to make the suspected goods reasonably recognizable to customs authorities. The requirement to provide information shall not unreasonably deter recourse to these procedures.
2. Each Party shall provide that the competent authorities have the authority to require a right holder initiating procedures to suspend the release of suspected counterfeit or confusingly similar trademark or pirated copyright goods to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures.
3. Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall grant the competent authorities the authority to inform the right holder of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question.
4. Each Party shall provide that its competent authorities may initiate border measures ex officio with respect to imported, exported, or in-transit merchandise, without the need for a formal complaint from a private party or right holder. Such measures shall be used when there is reason to believe or suspect that such merchandise is counterfeit or pirated.
(b) "pirated copyright goods" means any goods that are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and that are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country of importation.
Article 17.10. Cooperation and Technology Transfer
1. The Parties recognize the importance of technological innovation as well as the transfer and dissemination of technological information to the mutual advantage of technology producers and users, particularly in the new digital economy. Accordingly, the Parties will seek to develop and encourage cooperation programs, through collaboration in science, technology, and innovation.
2. The Parties agree to exchange views and information on the legal framework concerning protection and enforcement of intellectual property rights in accordance with their respective laws, regulations, and policies to:
(a) improve and strengthen intellectual property systems to promote the efficient enforcement of intellectual property rights; and
(b) stimulate the creation and development of intellectual property by persons of each Party, particularly small and medium-sized enterprises.
3. The Parties will encourage and facilitate the following activities, including, but not limited to:
(a) educational projects on the use of intellectual property including information systems on intellectual property;
(b) training and specialization courses for officials on intellectual property rights and other mechanisms;
(c) international search and international preliminary examination under the Patent Cooperation Treaty and facilitation of international patenting process;
(d) patent technology, licensing, and market intelligence;
(e) plant variety protection, including exchange of technical expertise and knowledge; and
(f) other issues of mutual interest concerning intellectual property rights.
4. The Parties shall designate contact points responsible for the compliance of the objective of this Article and for the facilitation of cooperation. The contact points are:
(a) for Peru, the National Council of Science, Technology and Innovation (Consejo Nacional de Ciencia, Tecnología e Innovación Tecnológica-CONCYTEC), or its successors; and
(b) for Korea, the Ministry of Foreign Affairs and Trade, or its successors.
Chapter EIGHTEEN. Labor
Article 18.1. Fundamental Labor Rights
The Parties, in accordance with their obligations as members of the International Labor Organization (hereinafter referred to as the "ILO") and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998) (hereinafter referred to as the "ILO Declaration"), shall endeavor to adopt and maintain in their legislation and practices thereunder, the principles as stated in the ILO Declaration.
Article 18.2. Application and Enforcement of Labor Law
1. A Party shall not fail to effectively enforce its labor laws and regulations, including those it adopts or maintains in accordance with Article 18.1, through a sustained or recurring course of action or inaction, in a manner substantially affecting trade or investment between the Parties.
2. The Parties shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, their laws or regulations implementing Article 18.1, in a manner substantially affecting trade or investment between the Parties, where the waiver or derogation would be inconsistent with the principles as stated in the ILO Declaration.
Article 18.3. Procedure Guarantee and Public Awareness
1. Each Party shall ensure that persons with a recognized interest under its labor laws or regulations in a particular matter have appropriate access to tribunals for the enforcement of the Party's labor laws and regulations. Such tribunals may include administrative, quasi-judicial, judicial, or labor tribunals.
2. Each Party shall ensure that proceedings before such tribunals for the enforcement of its labor laws and regulations are fair, equitable, and transparent.
3. Each Party shall provide that parties to such proceedings may seek existing remedies to ensure the enforcement of their rights under its labor laws and regulations. 4. Each Party shall promote public awareness of its labor laws and regulations.
Article 18.4. Institutional Mechanism
1. The Parties hereby establish a Labor Affairs Council comprising representatives of each Party's Labor Ministry and other competent authorities responsible for labor affairs.
2. The Council shall meet within one year following the date of entry into force of this Agreement and thereafter as necessary, to discuss the matters of mutual interest, and to oversee the implementation of this Chapter, including the cooperative activities on labor under Article 18.5.
3. Each Party shall designate and maintain an office within its administration that shall serve as a contact point with the other Party and assist the Council in carrying out its work, including coordination of cooperative activities on labor under Article 18.5.
Article 18.5. Labor Cooperation
Recognizing the importance of cooperation on trade-related aspects of labor policies in order to achieve the objectives of this Chapter, the Parties commit to initiating cooperative activities as set out in Annex 18A.
Article 18.6. Labor Consultations
1. A Party may request consultations with the other Party in writing regarding any matter of mutual interest arising under this Chapter. The Parties shall commence consultations promptly after a Party delivers such request to the contact point of the other Party.
2. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter and may seek advice or assistance from any person or body they consider appropriate.
3. If a Party deems that the matter needs further discussion, the Party may request that the Council be convened to consider the matter by delivering a written request to the contact point of the other Party. The Council shall convene promptly and endeavor to agree on a resolution of the matter.
Article 18.7. Dispute Settlement
Neither Party shall have recourse to Chapter Twenty-Three (Dispute Settlement) for any matter arising under this Chapter.
Chapter NINETEEN. Environment
Article 19.1. General Provisions
1. The Parties affirm their commitments to promote the development of international trade in order to contribute to the objective of sustainable development.
2. The Parties shall seek mutually supportive trade and environmental policies and shall promote the adequate use of their resources in accordance with the objective of sustainable development.
3. Each Party retains the right to exercise prosecutorial discretion and to make decisions on the allocation of resources to comply with its environmental policy objectives.
4. Nothing in this Chapter shall be construed to empower a Party's authorities to undertake environmental law enforcement activities in the territory of the other Party.
5. The Parties agree to strengthen the communication and cooperation between their respective environmental authorities in the development of environmental issues of mutual interest.
Article 19.2. Levels of Protection
Recognizing the right of each Party to establish its own levels of environmental protection and its own environmental development priorities, and to adopt or modify accordingly its environmental laws and policies, each Party shall strive to ensure that those laws and policies provide for and encourage high levels of environmental protection and shall strive to continue to improve its respective levels of environmental protection, including through such environmental laws and policies.
Article 19.3. Multilateral Environmental Agreements
1. The Parties recognize the value of international environmental governance and agreements as a response of the international community to global or regional environmental problems and they commit to consulting and cooperating as appropriate with respect to negotiations on trade-related environmental issues of mutual interest.
2. The Parties shall comply with their obligations under the multilateral environmental agreements to which both Parties are parties.
3. Nothing in this Agreement shall be construed to prevent a Party from adopting measures to comply with the multilateral environmental agreements to which that Party is a party, provided those measures are not applied in a discriminatory and arbitrary manner and do not constitute an unjustifiable barrier to trade.
Article 19.4. Trade Favoring Environment
1. The Parties shall strive to facilitate and promote trade and foreign direct investment in environmental goods and services.
2. The Parties agree to identify a list of environmental goods and services of mutual interest and to facilitate their trade. Such list could be modified upon request of either Party.
Article 19.5. Application and Enforcement of Environmental Law
1. A Party shall not fail to effectively enforce its environmental laws and regulations, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the Parties.
2. The Parties shall not weaken or reduce the environmental protections provided by their laws and regulations to encourage trade or investment, by waiving or otherwise derogating from, or offering to waive or otherwise derogate from, their laws or regulations in a manner affecting trade or investment between the Parties.
Article 19.6. Biological Diversity
1. The Parties recognize the importance of the conservation and sustainable use of biological diversity as a key element in the achievement of sustainable development.
2. Recognizing that each Party has the sovereign rights over its natural resources and the authority to determine access to its genetic resources in accordance with its domestic legislation, each Party shall endeavor to create conditions to facilitate access to genetic resources for environmentally sound uses.
3. The Parties remain committed to encouraging the conservation and sustainable use of biological diversity and all its components and levels, including plants, animals, and habitats.
4. The Parties recognize the importance of respecting and preserving traditional knowledge and practices of their indigenous and other communities which contribute to the conservation and sustainable use of biological diversity.
5. The Parties agree to exchange views and information on the conservation and sustainable use of biological diversity, including practices related to genetic resources and/or traditional knowledge and discussions on the CBD.
Article 19.7. Environment and Enterprise
1. The Parties shall exchange information on each Party's environmental guidelines for the enterprises with a view to enhancing a better understanding of them.
2. Each Party shall strive to promote compliance with its environmental guidelines by enterprises operating in its territory.
Article 19.8. Climate Change
1. The Parties recognize that the climate change and its adverse effects are a common concern. In that sense, and under their international commitments, the Parties agree to promote joint measures to limit or reduce the adverse effects of the climate change.
2. For promoting sustainable development, each Party, within its own capacities, shall adopt policies and measures on issues such as:
(a) improvement of energy efficiency;
(b) research, promotion, development and use of new and renewable energy, technologies of carbon dioxide capture, and updated and innovative environmental technologies that do not affect food security or the conservation of biological diversity; and
(c) measures for evaluating the vulnerability and adaptation to climate change.
Article 19.9. Technology Favoring Environment
The Parties agree to promote the development, diffusion, access, use, adequate management, and maintenance of clean and efficient technologies, including those reducing toxic chemical emissions.
Article 19.10. Institutional Mechanism
1. The Parties hereby establish an Environmental Affairs Council comprising high-level representatives of each Party.
2. The Council shall meet within one year following the date of entry into force of this Agreement, and thereafter as necessary, to discuss matters of mutual interest, and oversee the implementation of this Chapter, including cooperative activities undertaken under Annex 19A.
3. Each Party shall designate an office within its administration that shall serve as a contact point with the other Party for purposes of implementing this Chapter.
Article 19.11. Environmental Cooperation
Recognizing the importance of cooperation on trade-related aspects of environmental policies in order to achieve the objectives of this Agreement, the Parties commit to initiating and developing cooperative activities as set out in Annex 19A.
Article 19.12. Environmental Consultations
1. A Party may request consultations with the other Party in writing regarding any matter of mutual interest arising under this Chapter. The Parties shall commence consultations promptly after a Party delivers such request to the contact point of the other Party.
2. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter.
3. If a Party deems that the matter needs further discussion, the Party may request that the Council be convened to consider the matter by delivering a written request to the contact point of the other Party. The Council shall convene promptly and endeavor to agree on a resolution of the matter.
Article 19.13. Review of Environment Impacts
The Parties shall strive to review, monitor, and assess positive and negative impacts of the implementation of this Agreement on environment.
Article 19.14. Dispute Settlement
Neither Party shall have recourse to Chapter Twenty-Three (Dispute Settlement) for any matter arising under this Chapter.
Chapter TWENTY. Cooperation
Article 20.1. Objective
The objective of this Chapter is to facilitate the establishment of close cooperation aimed, inter alia, at:
(a) strengthening the capacities of the Parties to maximize the opportunities and benefits under this Agreement;
(b) strengthening and developing cooperation at a bilateral, regional, or international level;
(c) promoting economic and social development;
(d) stimulating productive synergies, creating new opportunities for trade and investment, and promoting competitiveness and innovation;
(e) increasing the level of cooperative activities while taking into account the cooperative relation between the Parties; and
(f) encouraging the presence of the Parties and their goods and services in the international markets.
Article 20.2. General Provisions
1. The Parties affirm the importance of all forms of cooperation, with particular attention to economic, trade, and technical cooperation, as a means to contribute to implementing the objectives and principles of this Agreement.
2. Cooperation between the Parties under this Chapter will supplement the cooperation and cooperative activities between the Parties set out in other Chapters of this Agreement and in other bilateral cooperation mechanisms.
Article 20.3. Economic Cooperation
1. The Parties will encourage the utilization of cooperation instruments and mechanisms between the Parties with a view to strengthening the processes of economic integration and increasing commercial exchanges.
2. The objectives of economic cooperation are to:
(a) build up a close relationship between the Parties on existing agreements or arrangements already in effect for trade and economic cooperation; and
(b) advance and strengthen trade and economic relations between the Parties.
3. The Parties will encourage and facilitate, as appropriate, including, but not limited to the following activities:
(a) dialogue on policies and regular exchanges of information and views on ways to promote and expand trade in goods and services between the Parties;
(b) joint elaboration of studies and technical projects of economic interest according to the economic development needs identified by the Parties;
(c) keeping each other informed of important economic and trade issues and any impediments to furthering their economic cooperation;
(d) providing assistance and facilities to business persons and trade missions of a Party that visit the other Party with the knowledge and support of its relevant agencies
(e) supporting dialogue and exchanges of experience among the respective business communities of the Parties;
(f) establishing and developing mechanisms for providing information and identifying opportunities for business cooperation, trade in goods and services and investment; and
(g) stimulating and facilitating roles of public and/or private sectors in areas of economic interest.
Article 20.4. Small and Medium-sized Enterprises Cooperation (1)
The Parties will promote a favorable environment for the development of small and medium-sized enterprises by encouraging relevant private and governmental bodies to build the capacities of small and medium-sized enterprises. The cooperation will include, among others:
(a) designing and developing mechanisms in order to foster partnerships and the development of productive chains;
(b) promoting cooperation between the economic agents of the Parties in order to identify areas of mutual interest and to obtain the maximum benefits possible of trade, investment, and small and medium-sized enterprises;
(c) fostering more dialogue and exchange of information on mandatory procedures, enhanced access to trade promotion networks, business fora, For purposes of this Article, for Peru, "small and medium-sized enterprises" includes micro enterprises as defined in Peru's domestic legislation. business cooperation instruments, and any other relevant information for small and medium-sized enterprises exporters;
(d) promoting training and exchange programs for small and medium-sized enterprises exporters of the Parties; (e) promoting exchange of experiences between the public agencies of the Parties on initiatives and policy instruments for the development of enterprises in general with special focus on small and medium-sized enterprises; and
(f) encouraging public and private institutions related to small and medium-sized enterprises to cooperate in aspects such as environmental management, information and communications technology, nanotechnology, biotechnology, renewable energy, and other subjects of mutual interest.
Article 20.5. Fisheries and Aquaculture Cooperation
1. The Parties, recognizing the social and economic importance of fish and fisheries products, shall endeavor to cooperate in the field of fisheries and aquaculture.
2. The objectives of cooperation in fisheries and aquaculture are to:
(a) strengthen the research and productive capacities for the development of seedstock and processing of hydro-biological species, with the aim of increasing direct human consumption; and
(b) facilitate information exchange and the conservation of natural resources under the approach of responsible fishing.
3. The Parties will develop fisheries and aquaculture through:
(a) strengthening public and private institutions related to fisheries and aquaculture development and promoting investment in those sectors;
(b) promoting research and development of new products for direct human consumption, as well as the consumption of major aquatic resources to support food security programs;
(c) combating illegal, unreported, and unregulated fishing;
(d) facilitation of mutually beneficial developments in the field of aquaculture;
(e) exchanging information regarding fisheries, aquaculture, and fish resources. For that purpose, the corresponding institutions of the Parties will establish appropriate contact points;
(f) promoting the sustainable and optimal utilization of fish resources of the Parties in compliance with laws and regulations of a Party, through a fisheries cooperation arrangement (2) of which negotiations to begin after entry into force of this Agreement; (3)
(g) exchanging officials, scientists, technicians, and trainees to promote the development of fisheries between the Parties;
(h) promoting the training of national officials and members of the fishery community of the Parties, through their participation in jointly organized courses, visits, seminars, and workshops;
(i) building partnerships and exchange between research institutes of the Parties; and
(j) other forms of cooperation as may be agreed by the Parties.
Article 20.6. Tourism Cooperation
The Parties, recognizing that tourism contributes to the enhancement of mutual understanding between the Parties and is an important industry for their economies, will:
(a) explore the possibility of undertaking joint research on tourism development and promotion to increase inbound visitors to each Party;
(b) consider setting up linkages and networks between the websites of the Parties;
(c) encourage tourism authorities and agencies of the Parties to strengthen cooperation in tourism training and education, to ensure high-quality services for tourists of the Parties;
(d) cooperate in joint campaigns to promote tourism in the territories of the Parties through workshops and seminars among tourism authorities and agencies of the Parties;
(e) collaborate to promote the sustainable development of tourism in the territories of the Parties;
(f) exchange information on relevant statistics, promotional materials, policies, and, laws and regulations in tourism and related sectors; and
(g) encourage tourism and transportation authorities and agencies to improve the aviation connectivity between the Parties.
Article 20.7. Forestry Cooperation
1. The Parties will promote and strengthen cooperation in the field of forestry.
2. The Parties will encourage and facilitate, as appropriate, including, but not limited to the following activities:
(a) implementation of sustainable forest management, including the development of related indicators;
(b) management, development, and utilization of forest resources;
(c) forest protection, including the prevention and control of forest fires, diseases, and insect pests;
(d) promotion of joint measures to limit or reduce the adverse effects of the climate change;
(e) investment in forest plantation and wood processing industries;
(f) processing of, supply of, and trade in forest products;
(g) development of eco-forestry technology and conservation of forest ecosystems;
(h) research and development, education, and training; and
(i) any other areas as may be agreed by the Parties.
Article 20.8. Energy and Mineral Resources Cooperation
1. The Parties shall promote cooperation under this Chapter as a means of building a stronger, more stable, and mutually beneficial partnership in the field of energy and mineral resources.
2. Areas of energy and mineral resources cooperation may include, but are not limited to, the following:
(a) upstream activities such as the exploration, exploitation, and production of oil and gas;
(b) downstream activities such as the refining of oil, processing of petrochemicals, liquefaction of gas, and transportation and distribution of crude oil and oil products;
(c) activities such as the exploration, exploitation, production, smelting, refining, processing, transportation, and distribution of mineral resources;
(d) cartographic activities (geodesy, satellite images, remote sensing and, geographic information systems) applied to cadastral, mining, and environmental and geological activities required for an efficient use and administration of the territories of the Parties related to mining activities;
(e) exchange of mining technology for remediation of mining-related environmental liabilities;
(f) exchange of information and experiences on environmental issues and sustainable development in mining;
(g) activities for encouraging and facilitating the business relations regarding energy and mineral resources cooperation between the Parties; and
(h) any other areas as may be agreed by the Parties.
3. The Parties shall facilitate the exchange of information freely available to public on the following subjects in the field of energy and mineral resources:
(a) current investment data for domestic and foreign enterprises;
(b) investment opportunities such as tenders and mining projects;
(c) geological data/information;
(d) relevant laws, regulations, and policies; and
(e) mine reclamation technology and environmental issues that could arise between the developers and the local people in the process of mine development.
4. Each Party shall ensure that its laws and regulations regarding energy and mineral resources are published or otherwise made publicly available.
5. To the extent possible, each Party shall inform the other Party, in advance, of any provision that the Party considers might substantially affect cooperation in energy and mineral resources.
6. Upon request of the other Party, a Party shall promptly provide information and respond to questions pertaining to any provision regarding cooperation in energy and mineral resources, regardless of whether the other Party has been previously informed of the provision.
7. Any notification or information provided under paragraphs 5 and 6 shall be without prejudice as to whether the measure is consistent with this Agreement.
8. The Parties shall:
(a) promote cooperation between the public and private sectors in the Parties, through their government bodies, public organizations, research centers, universities, and enterprises engaged in the field of energy and mineral resources;
(b) encourage and support business opportunities, including investment, related to plant construction in the field of energy and mineral resources, for a stable and mutually beneficial bilateral relationship; and
(c) recognize and facilitate activities related to agreements and cooperation entities that have already been organized, such as the Joint Committee on Energy and Mineral Resources Cooperation.
9. The Parties shall facilitate visits and exchanges of researchers, technicians, and other experts, and shall also promote joint fora, seminars, symposia, conferences, exhibitions, and research projects.
Article 20.9. Science and Technology Cooperation
1. The Parties, recognizing the importance of science and technology in their respective economies, will develop and promote cooperative activities in the field of science and technology.
2. The Parties will encourage and facilitate, as appropriate, including, but not limited to the following activities:
(a) joint research and development, and educational projects, including, if necessary, sharing of equipment, exchange and supply of non confidential scientific and technical data, as well as exchange of scientific samples;
(b) exchange of scientists, researchers, technicians, and experts;
(c) joint organization of seminars, symposia, conferences, and other scientific and technical meetings, including the participation of experts in those activities;
(d) promotion of joint science and technology research activities under existing national programs or policies, where the Parties agree on the necessity of the activities;
(e) exchange of information on practices, policies, laws, regulations, and programs related to science and technology;
(f) cooperation in the commercialization of products and services, as a result of scientific and technological activities; and
(g) any other forms of scientific and technological cooperation as may be agreed by the Parties.
3. Undertaking joint research and development projects, especially in high-end science or key technology areas, may include:
(a) biotechnology;
(b) nanotechnology;
(c) microelectronics;
(d) new materials;
(e) e-government;
(f) manufacturing technology;
(g) environmental technology; and
(h) science and technology policy and research and development systems.
Article 20.10. Information and Communications Technology Cooperation
1. The Parties, recognizing the rapid development, led by the private sector, of Information and Communications Technology (hereinafter referred to as the "ICT") and of business practices regarding ICT-related services both in the domestic and international contexts, will cooperate to promote the development of ICT and ICT-related services with a view to obtaining the maximum benefit of the use of ICT for the Parties. 2. Cooperation in accordance with paragraph 1 may include the following:
(a) promoting dialogue on policy issues;
(b) promoting cooperation between the private sectors of the Parties;
(c) enhancing cooperation in international fora related to ICT; and
(d) undertaking other appropriate cooperative activities.
3. The Parties will encourage cooperation in, including, but not limited to, the following areas:
(a) cyber-infrastructure and policy issues for e-government;
(b) inter-operability of Public Key Infrastructure;
(c) development, processing, management, distribution, and trade of digital contents;
(d) scientific and technical cooperation for the software industry of the Parties;
(e) research and development and management of information technology parks;
(f) research and development on information technology services such as integration of broadcasting and telecommunications;
(g) research and development and deployment of networks and telecommunications, when the Parties agree on the necessity of the activities;
(h) business opportunities in the international markets; and
(i) any other areas as may be agreed by the Parties.
Article 20.11. Maritime Transport Cooperation
The Parties shall promote cooperation in maritime transport through:
(a) establishing contact points to facilitate information exchange on matters related to maritime transportation and logistics services;
(b) arranging training programs and technical cooperation related to port operation and management;
(c) developing exchange programs for training of merchant marine students; and
(d) arranging technical assistance and capacity building activities related to maritime transportation, including the vessel traffic service.
Article 20.12. Cultural Cooperation
1. The objectives of cultural cooperation are to:
(a) respect the existing agreement or arrangement already in effect for cultural cooperation; and
(b) promote cultural exchanges between the Parties.
2. Recognizing that audio-visual, including film, animation, and broadcasting program, co-productions can significantly contribute to the development of the audio-visual industry and to the intensification of cultural and economic exchange between them, the Parties agree to consider and negotiate co-production agreements in the audio-visual sector.
3. The co-production agreement referred to in paragraph 2, once concluded, will be considered to be an integral part of this Agreement. The detailed co-production agreement would be negotiated between the competent authorities of the Parties, which are the Ministry of Education for Peru, and the Ministry of Culture, Sports and Tourism and the Korea Communications Commission for Korea.
4. Co-produced projects in compliance with the co-production agreement referred to in paragraph 3 shall be deemed to be national productions in the territory of each Party and shall thus be fully entitled to all benefits including government support which are accorded under the applicable laws and regulations of each Party. 5. The Parties, in conformity with their respective legislations and without prejudice to the reservations included in their commitments in the other Chapters of this Agreement, shall encourage exchanges of expertise and best practices regarding the protection of cultural heritage sites and historic monuments, including environmental surroundings and cultural landscape.
6. The Parties commit to exchanging information through their diplomatic channels to identify, recover, and avoid the illegal traffic of their cultural heritage.
Article 20.13. Agricultural Cooperation
The objectives of cooperation in agriculture are to:
(a) promote the creation of partnerships for projects in areas of mutual interest, including agricultural research including plantation commodities, the development of small-scale agriculture, the conservation and management of water resources for agricultural use, sustainable agricultural development, and the application of good agricultural practices, among others;
(b) promote the exchange of information on trade in agricultural goods between the Parties; and
(c) develop training programs for leading producers, technicians, and professionals in order to improve the productivity and competitiveness in livestock and agricultural value-added products .
Article 20.14. Committee on Cooperation and Contact Points
1. The Parties hereby establish a Committee on Cooperation comprising representatives of each Party.
2. The Committee on Cooperation shall:
(a) monitor and assess the progress in implementing the cooperation projects agreed by the Parties;
(b) establish rules and procedures for the conduct of its work;
(c) make recommendations on the cooperative activities under this Chapter, in accordance with the strategic priorities of the Parties; and
(d) review, through regular reporting from the Parties, the operation of this Chapter and the application and fulfillment of its objectives.
3. Notwithstanding paragraph 2, the Parties may use diplomatic channels to promote dialogue and cooperation consistent with this Agreement.
4. The Parties will designate contact points to facilitate communication on possible cooperative activities. The contact points will work with government agencies, business sector representatives, and educational and research institutions for the operation of this Chapter.
Article 20.15. Dispute Settlement
Neither Party shall have recourse to Chapter Twenty-Three (Dispute Settlement) for any matter arising under this Chapter.
Chapter TWENTYONE-. Transparency
Article 21.1. Publication
Each Party shall ensure that its laws, regulations, and administrative rulings of general application related to any matter covered by this Agreement are published or otherwise made publicly available.
Article 21.2. Notification and Provision of Information
1. To the extent possible, each Party shall notify the other Party of any measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement.
2. Upon request of a Party, the other Party shall promptly provide information and respond to questions regarding any measure, regardless of whether the Party has been previously notified of that measure.
3. Any notification or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.
4. The information referred to in this Article shall be considered to have been provided when it has been made available by appropriate notification to the WTO or when it has been made available on an official website that is free of charge and publicly accessible.
Article 21.3. Administrative Proceedings
With a view to administering in a consistent, impartial, and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure, in its administrative proceedings applying measures to particular persons, goods, or services of the other Party in specific cases, that:
(a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided with reasonable notice, in accordance with the Party's procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in controversy;
(b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and
(c) its procedures are in accordance with its law.
Article 21.4. Review and Appeal
1. Each Party shall establish or maintain judicial or administrative tribunals or procedures for purposes of the review and, where warranted, correction of final administrative actions regarding matters covered by this Agreement. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record or, where required by its domestic law, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided in its domestic law, that such decisions shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.
Article 21.5. Definition
For purposes of this Chapter: administrative ruling of general application means an administrative ruling or interpretation of general application that applies to all persons and fact situations that fall generally within its ambit and that establishes a norm of conduct but does not include:
(a) a determination or ruling made in an administrative proceeding that applies to a particular person, good, or service of the other Party in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice.
Chapter TWENTY-TWO. Administration of the Agreement
Article 22.1. Joint Commission
1. The Parties hereby establish a Joint Commission comprising the Minister of Foreign Trade and Tourism of Peru and the Minister for Trade of Korea, or their respective successors or designees.
2. The Joint Commission shall:
(a) oversee the implementation and application of this Agreement;
(b) evaluate the achievements in the application of this Agreement;
(c) oversee the further elaboration of this Agreement;
(d) seek to resolve disputes that may arise regarding the interpretation or application of this Agreement in accordance with Chapter Twenty-Three (Dispute Settlement);
(e) supervise the work of all committees, working groups, and other bodies established under this Agreement and recommend appropriate actions;
(f) establish its rules and procedures;
(g) establish the amount of remuneration and expenses that will be paid to panelists; (h) prepare and approve a code of conduct of the panelists; and
(i) consider any other matter that may affect the operation of this Agreement, or that is entrusted to it by the Parties.
3. The Joint Commission may:
(a) establish, and delegate responsibilities to, committees, working groups, and other bodies;
(b) consider and adopt any amendments or modifications to the rights and obligations under this Agreement, in accordance with the applicable legal procedures of each Party;
(c) convene to examine further deepening the liberalization in the sectors covered by this Agreement;
(d) issue interpretations of the provisions of this Agreement;
(e) amend or modify, when it considers necessary, the model rules of procedure referred to in Annex 23A (Model Rules of Procedure); or
(f) take such other action in the exercise of its functions as the Parties may agree.
4. All decisions of the Joint Commission shall be taken by consensus.
5. The Joint Commission shall convene at least once a year in regular session and, upon request of either Party, in extraordinary sessions. The sessions shall take place alternately in the territory of each Party, or otherwise by any technological means available to the Parties.
Article 22.2. Agreement Coordinators -contact Points
1. Each Party shall designate an Agreement Coordinator and shall communicate such designation to the other Party within 90 days following the date of entry into force of this Agreement.
2. To facilitate communications between the Parties on any matter covered by this Agreement, each Party's Agreement Coordinator shall act as a contact point to this effect.
3. Any information, request, or notification shall be communicated to the other Party through the contact point, unless otherwise agreed by the Parties.
4. The Agreement Coordinators shall:
(a) work jointly to develop agendas and make other preparations for Joint Commission meetings and follow up on Joint Commission decisions as appropriate;
(b) address any other matter entrusted to it by the Joint Commission; and
(c) provide administrative support to the panels established under Chapter Twenty-Three (Dispute Settlement).
5. Each Party shall be responsible for the operation and costs of its designated Coordinator.
Chapter TWENTY-THREE. Dispute Settlement
Article 23.1. Cooperation
The Parties shall at all times endeavor to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation or consultations to arrive at a mutually satisfactory resolution of any matter that might affect its operation.
Article 23.2. Scope of Application
Except as otherwise provided for in this Agreement, this Chapter applies with respect to the avoidance or settlement of all disputes between the Parties regarding the interpretation or application of this Agreement or wherever a Party considers that:
(a) a measure of the other Party is inconsistent with its obligations under this Agreement; or
(b) the other Party has otherwise failed to carry out its obligations under this Agreement.
Article 23.3. Choice of Forum
1. Where a dispute regarding any matter arises under this Agreement and under another trade agreement to which both Parties are party, including the WTO Agreement, the complaining Party may select the forum in which to settle the dispute.
2. Unless otherwise agreed by the Parties, once the complaining Party has requested the establishment of a dispute settlement panel under an agreement referred to in paragraph 1 or the intervention of the Joint Commission, the forum selected shall be used to the exclusion of the others in respect of that matter.
Article 23.4. Consultations
1. A Party may request in writing consultations with the other Party with respect to any matter referred to in Article 23.2.
2. The requesting Party shall deliver the request to the other Party and set out in the request the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal and factual basis for the complaint.
3. The requested Party shall respond in writing within 10 days following the date of the receipt of the request.
4. The Parties shall hold the consultations within:
(a) 15 days following the date of the receipt of the request for consultations regarding urgent matters; (1)
(b) 30 days following the date of the receipt of the request for consultations for all other matters; or
(c) such other period as the Parties may agree.
5. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of any matter at issue through consultations under this Article or any other consultation provision of this Agreement.
6. A Party may request the other Party to make available personnel of its government agencies or other regulatory bodies who have expertise in the matter subject to consultations.
7. Consultations may be held in person or by any technological means available to the Parties. Unless otherwise agreed by the Parties, consultations shall be held in the capital of the requested Party.
8. In a consultation, each Party shall:
(a) provide sufficient information to enable a full examination of how the measure or other matter at issue might affect the operation and application of this Agreement; and
(b) treat any confidential information exchanged in the course of consultations on the same basis as the Party providing the information.
9. The consultation period shall not exceed 60 days, or 25 days in the case of urgent matters, following the date of the receipt of the request for consultations, unless otherwise agreed by the Parties.
(a) perishable goods, including agricultural and fishery goods, that lose their quality or current condition in a short period of time; or (b) goods, other than perishable goods, or services that lose a substantial portion of their trade value after a certain date in the near future.
Article 23.5. Intervention of the Joint Commission
1. If the Parties fail to settle a dispute within the period established in Article 23.4.9, only the requesting Party under Article 23.4.2 may request in writing the intervention of the Joint Commission.
2. The requesting Party shall deliver the request to the other Party and set out in the request the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal and factual basis for the complaint.
3. Unless otherwise agreed by the Parties, the Joint Commission shall convene within 10 days following the receipt of the request and shall endeavor to resolve the dispute promptly. The Joint Commission may:
(a) seek information and technical advice from such person or body, or establish such working groups or expert groups, as it deems necessary;
(b) have recourse to good offices, conciliation, mediation, or other dispute settlement procedures; or
(c) make recommendations.
4. The Joint Commission may convene in person or by any technological means available to the Parties. Unless otherwise agreed by the Parties, meetings shall be held in the capital of the requested Party.
5. If the Joint Commission fails to settle the dispute within 20 days, or 10 days in the case of urgent matters, following the date on which the Joint Commission convenes in accordance with paragraph 4, the complaining Party may request the establishment of a panel.
Article 23.6. Request for a Panel
1. Upon expiry of the consultation period, or the period for the intervention of the Joint Commission, if such intervention has been requested, or any other period agreed by the Parties, the complaining Party may request in writing the establishment of a panel to consider the matter.
2. The complaining Party shall deliver the request to the other Party and set out in the request the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal and factual basis for the complaint.
3. Unless otherwise agreed by the Parties, the panel shall be selected and perform its functions in a manner consistent with this Chapter, including Annex 23A.
4. A panel may not be established to review a proposed measure.
Article 23.7. Qualifications of Panelists
1. Panelists shall:
(a) have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
(b) be chosen strictly on the basis of objectivity, impartiality, reliability, and sound judgment;
(c) be independent of, and not be affiliated with or take instructions from, either Party; and
(d) comply with the code of conduct established by the Joint Commission.
2. Individuals who have participated in consultations under Article 23.4 may not serve as panelists for the dispute.
Article 23.8. Panel Selection
1. The Parties shall apply the following procedures in selecting a panel:
(a) The panel shall comprise three members.
(b) Within 15 days following the date of the receipt of the request for the establishment of the panel, each Party shall nominate a panelist. If a Party fails to appoint a panelist within this period, the panelist shall be selected by the other Party, unless the Parties otherwise agree.
(c) The Parties shall endeavor to agree on a third panelist who shall serve as chair within 15 days following the date the second panelist has been selected. If the Parties are unable to agree on the chair of the panel within this period, the Parties shall within the next 10 days exchange their respective list comprising four nominees who are not nationals of either Party. The chair shall then be appointed in the presence of the Parties, in person or by any technological means available to the Parties, by lot from among the nominees on the lists within 10 days following the date of exchange of the lists. If a Party fails to submit its list of four nominees, the chair shall be appointed by lot from among the nominees on the list already submitted by the other Party.
(d) The chair of the panel shall not be a national of either Party, nor have his or her usual place of residence in the territory of either Party, nor be or have been employed by either Party, nor have dealt in any capacity with the subject matter of the dispute, unless the Parties otherwise agree.
(e) The Parties shall endeavor to appoint panelists who have expertise or experience relevant to the subject matter of the dispute.
2. If a Party considers that a panelist has violated, or is in violation of, the code of conduct, the Parties shall consult and if they agree, the panelist shall be replaced with a new panelist in accordance with this Article.
Article 23.9. Role of the Panel
The role of the panel shall be to make an objective assessment of the dispute under its consideration and formulate the necessary findings for settling the dispute in accordance with the terms of reference referred to in Article 23.10.3.
Article 23.10. Model Rules of Procedure
1. Unless the Parties otherwise agree, the panel shall conduct its proceedings in accordance with the model rules of procedure set out in Annex 23A, which shall ensure:
(a) a right to at least one hearing before the panel;
(b) an opportunity for each Party to provide initial and rebuttal written submissions; and (c) that hearings before the panel, deliberations, as well as all submissions and communications exchanged during the hearings, are confidential.
2. The Joint Commission may amend or modify, when it considers necessary, the model rules of procedure set out in Annex 23A.
3. Unless otherwise agreed by the Parties within 10 days of the establishment of the panel, the terms of reference shall be: "To examine, in light of the relevant provisions of this Agreement, the matter referred to in the panel request and issue the report."
4. Panelists fees and other expenses related to the procedure shall be borne by the Parties to the dispute in equal shares.
5. The location of hearings shall alternate between the territories of the Parties. The first hearing will take place in the territory of the Party complained against.
6. Written submissions, oral arguments or presentations at the hearing, panel report, as well as all other written or oral communications between the Parties and the panel, related to panel proceedings, shall be conducted in English.
Article 23.11. Role of Experts
1. Upon request of a Party, or on its own initiative, the panel may seek information and technical advice from any person or body that it deems appropriate.
2. Before the panel seeks information or technical advice, appropriate procedures shall be established in consultation with the Parties. The panel shall:
(a) notify the Parties of its intention to seek information or technical advice in accordance with paragraph 1 and provide the Parties with an adequate period of time to submit their comments or observations; and
(b) provide the Parties with a copy of any information or technical advice received in accordance with paragraph 1, and with a period of time for the Parties to submit their comments or observations.
3. Where the panel takes into consideration the information or technical advice sought in accordance with paragraph 1, the panel shall also take into account any comment or observation submitted by the Parties with respect to such information or technical advice.
Article 23.12. Consolidation of Proceedings
The panel may consolidate two or more proceedings where such proceedings are related to the same measure or matter.
Article 23.13. Report of the Panel
1. Unless the Parties otherwise agree, the panel shall base its report on the relevant provisions of this Agreement, the submissions and arguments of the Parties, and any information provided by the Parties in accordance with Annex 23A.
2. Unless the Parties otherwise agree, the panel shall present its report to the Parties, within 120 days, or 80 days in the case of urgent matters, following the selection of the third panelist.
3. The report shall contain:
(a) the findings along with its factual and legal basis;
(b) the determination as to whether a Party has not conformed with its obligations under this Agreement or any other matter that the Parties have requested that the panel address in the terms of reference; and
(c) the recommendations for resolution of the dispute, including the reasonable period of time to implement them, if either Party has requested it.
4. The panel report shall be adopted by the majority of its panelists. The panelists may furnish separate opinions on matters not unanimously agreed.
5. The panel may not disclose which panelists are associated with majority or minority opinions.